Title 04, Alcoholic Beverages

(a) [See delayed amendment note.] Except as provided in (f), (i), and (k) of this section and AS 04.11.405, a new license may not be issued and the board may prohibit relocation of an existing license (1) outside an established village, incorporated city, unified municipality, or…

(a) A first class city, a home rule city, or a unified municipality may submit a resolution to the board, adopted by its legislative body, petitioning the board for the issuance of additional restaurant or eating place licenses under AS 04.09.210 that exceed the limits under AS 0…

(a) A beverage dispensary or package store license may not be issued and the location of an existing license may not be transferred if the licensed premises would be located in a building the public entrance of which is within 200 feet of a school ground or a church building in w…

(a) A person may not be issued a new license, endorsement, or permit or transfer a license or a license with endorsement to a new location in a municipality if a zoning regulation or ordinance prohibits the land use unless a variance of the regulation or ordinance has been approv…

(a) Each license shall be issued to a specific individual or individuals, to a partnership, including a limited partnership, to a limited liability organization, to a corporation, to a government entity, or to a tribal organization. If the license is issued to a corporation or a …

(a) A person other than a licensee may not have a direct or indirect financial interest in the business for which a license is issued. (b) A person who is a representative or owner of a wholesale business licensed under AS 04.09.100 or 04.09.110 may not be issued, solely or toget…

Article 6. Procedures for Public Influence. (a) A new license or the transfer of location of an existing license may not be approved by the board in an area outside but within 50 miles of the boundaries of a municipality unless a petition asking that the license be issued or tran…

A person may object to an application for issuance, renewal, transfer of location, or transfer to another person of a license, for issuance, renewal, or transfer to another person of a license with one or more endorsements, for issuance of an endorsement, or for issuance of a per…

(a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant …

[Repealed or reserved.]

(a) If a majority of the persons voting on the question vote to approve the option, a municipality shall adopt a local option to prohibit (1) the sale of alcoholic beverages; (2) the sale of alcoholic beverages except by one or more of the following listed on the ballot: (A) a re…

[Repealed or reserved.]

(a) If a majority of persons voting on the question vote to approve a different local option, a municipality or established village shall change a local option previously adopted under AS 04.11.491 to the different approved option. (b) A ballot question to change a local option u…

[Repealed or reserved.]

(a) If a majority of the persons voting on the question vote to remove the option, a municipality or established village shall remove a local option previously adopted under AS 04.11.491. The option is repealed effective the first day of the month following certification of the r…

[Repealed or reserved.]

If a majority of voters vote to prohibit the sale of alcoholic beverages under AS 04.11.491(a)(1), (a)(4) or (5), (b)(1), or (b)(3) or (4), the board may not issue, renew, or transfer, between persons or locations, a license for premises located within the boundaries of the munic…

[Repealed or reserved.]

(a) If a majority of the voters vote to prohibit the importation of alcoholic beverages under AS 04.11.491(a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the month following certification of the results of the election, may not knowingly send, transport, o…

[Repealed or reserved.]

(a) If a majority of the voters vote to prohibit the possession of alcoholic beverages under AS 04.11.491(a)(5) or (b)(4), a person may not knowingly possess an alcoholic beverage in the municipality or established village, unless the alcoholic beverage is sacramental wine to be …

[Repealed or reserved.]

If a majority of the voters vote under AS 04.11.491(a)(2) or (b)(2) to prohibit sale of alcoholic beverages except by the type or types of licensees or permit holders listed on the ballot, the board may not issue, renew, or transfer between persons or locations a license for prem…

[Repealed or reserved.]

(a) If a majority of the voters vote under AS 04.11.491(a)(3) to prohibit the sale of alcoholic beverages except on premises operated by the municipality, the board may not issue, renew, or transfer between persons or locations a license for premises located within the boundaries…

[Repealed or reserved.]

(a) Elections to adopt a local option under AS 04.11.491, change a local option under AS 04.11.493, or remove a local option under AS 04.11.495, shall be conducted as required in this section. (b) Upon receipt of a petition of a number of registered voters equal to 35 percent or …

(a) Except as provided under (b) and (c) of this section, for purposes of AS 04.11.491, 04.11.497, and 04.11.503, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the establish…

Article 7. Board Procedures. (a) If a majority of the voters vote to prohibit, change, or remove a local option under AS 04.11.491 — 04.11.495, the clerk of the municipality, or, if the election is in an established village, the lieutenant governor shall notify the board of the r…

(a) Unless a legal action relating to the license, applicant, or premises to be licensed is pending, the board shall decide whether to grant or deny an application within 90 days of receipt of the application at the main office of the board. However, the decision may not be made …

After receipt of an application for the issuance or renewal of a license, the renewal of a license with one or more endorsements, the transfer of a license or a license with one or more endorsements to another person, the transfer of a license to a new location, or the issuance o…

On receipt of an application for the issuance, renewal, relocation, or transfer of the ownership of a license, the board shall provide written notice under AS 04.11.310(b).

A license may not be suspended or revoked under AS 04.11.370(a)(4) or (5) unless the board considers the reports prepared by arresting and investigating officers and the sentencing report sent to the board under AS 12.55.025(b).

(a) If, in a proceeding to suspend or revoke a license, endorsement, or permit under AS 04.11.370(a)(5), the board finds that a sentencing report, record of conviction, or judgment sent to the board under AS 12.55.025(b) or a report prepared by the investigating or arresting offi…

Article 8. Expiration of Licenses.

Notwithstanding AS 04.11.680, an application for renewal of a license, an endorsement, or a conditional contractor's permit under AS 04.09.710 issued for the two calendar years ending December 31 or of a seasonal license issued for parts of those calendar years may be submitted u…

Article 9. Miscellaneous Provisions. On or before February 15, the director shall mail a notice of expiration to each licensee who has not either (1) filed an application to renew a license, along with any applicable affidavits and all fees due, or (2) notified the director of an…

(a) An action of an officer, employee, or agent of the board relating to the administration or enforcement of this title may be appealed to the board by the aggrieved party. (b) A decision by the board relating to the issuance, renewal, transfer, relocation, suspension, or revoca…

(a) If an application for a license or endorsement is denied, the board shall refund the license fee but not the application fee. (b) A license or endorsement fee may not be refunded after the license or endorsement has been issued unless the board determines it has erred in the …

(a) Except as provided in (c) of this section, the board may, in addition to any other penalties imposed under this title, impose a civil fine upon a licensee that the board determines, at a proceeding under AS 04.11.510(c), has violated a provision of this title, a regulation ad…

(a) A license issued under this title shall, if the board so directs, be surrendered on demand to a peace officer, agent, or officer of the board. (b) The licensee shall surrender a current license to the board not later than 10 days after the loss or vacation of the licensed pre…

(a) Money collected from licenses, endorsements, permits, and civil fines under this title shall be transferred by the board to the Department of Commerce, Community, and Economic Development and deposited in the general fund. (b) A fee prescribed by the board in addition to fees…

(a) An amount equal to the sum of the biennial license fees, excluding annual wholesale fees and biennial wholesale license fees, collected within a municipality shall be allocated semi-annually to the municipality. (b) If the officers of a municipality fail to actively enforce l…

(a) A licensee shall, upon request, make the licensed premises and places authorized for storage under AS 04.21.060 available for inspection by officers charged with the enforcement of this title, including members of the board and the director or an employee of the director, dur…

(a) A license issued under this title is a personal privilege, not a property right. (b) The privilege conferred upon the licensee is personal in nature and affords protection to the licensee only.

A license issued under this title is not subject to foreclosure, and may not be used as collateral to secure a debt. However, if a license is transferred to another person, the transferor may secure payment for real and personal property conveyed to the transferee upon the promis…